[House Report 105-353]
[From the U.S. Government Publishing Office]



105th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    105-353
_______________________________________________________________________


 
            WATER-RELATED TECHNICAL CORRECTIONS ACT OF 1997
_______________________________________________________________________


October 28, 1997.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Young of Alaska, from the Committee on Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2402]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 2402) to make technical and clarifying amendments to 
improve the management of water-related facilities in the 
Western United States, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
  The amendment is as follows:
  Strike out all after the enacting clause and insert in lieu 
thereof the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Water-Related 
Technical Corrections Act of 1997''.
  (b) Table of Contents.--The table of contents of this Act is as 
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reduction of waiting period for obligation of funds provided 
under Reclamation Safety of Dams Act of 1978.
Sec. 3. Albuquerque Metropolitan Area Reclamation and Reuse Project.
Sec. 4. Phoenix Metropolitan Water Reclamation and Reuse Project.
Sec. 5. Refund of amounts received as paid form compensation bills 
under Reclamation Reform Act of 1982.
Sec. 6. Extension of periods for repayments for Nueces River 
reclamation project and Canadian River reclamation project, Texas.
Sec. 7. Solano Project Water.

SEC. 2. REDUCTION OF WAITING PERIOD FOR OBLIGATION OF FUNDS PROVIDED 
                    UNDER RECLAMATION SAFETY OF DAMS ACT OF 1978.

  Section 5 of the Reclamation Safety of Dams Act of 1978 (92 Stat. 
2471; 43 U.S.C. 509) is amended by striking ``sixty days'' and all that 
follows through ``day certain)'' and inserting ``30 calendar days''.

SEC. 3. ALBUQUERQUE METROPOLITAN AREA RECLAMATION AND REUSE PROJECT.

  Section 1621 of the Reclamation Projects Authorization and Adjustment 
Act of 1992, as added by section 2(a)(2) of the Reclamation Recycling 
and Water Conservation Act of 1996 (110 Stat. 3292; 43 U.S.C. 390h-
12g), is amended--
          (1) in the heading by striking ``STUDY''; and
          (2) in subsection (a)--
                  (A) by inserting ``the planning, design, and 
                construction of'' after ``participate in''; and
                  (B) by striking ``Study'' and inserting ``Project''.

SEC. 4. PHOENIX METROPOLITAN WATER RECLAMATION AND REUSE PROJECT.

  Section 1608 of the Reclamation Projects Authorization and Adjustment 
Act of 1992 (106 Stat. 4666; 43 U.S.C. 390h-6) is amended--
          (1) by amending subsection (a) to read as follows:
  ``(a) The Secretary, in cooperation with the city of Phoenix, 
Arizona, shall participate in the planning, design, and construction of 
the Phoenix Metropolitan Water Reclamation and Reuse Project to utilize 
fully wastewater from the regional wastewater treatment plant for 
direct municipal, industrial, agricultural, and environmental purposes, 
groundwater recharge, and direct potable reuse in the Phoenix 
metropolitan area.'';
          (2) in subsection (b) by striking the first sentence; and
          (3) by striking subsection (c).

SEC. 5. REFUND OF AMOUNTS RECEIVED AS PAID FORM COMPENSATION BILLS 
                    UNDER RECLAMATION REFORM ACT OF 1982.

  (a) Refund Required.--Subject to subsection (b) and the availability 
of appropriations, the Secretary of the Interior shall refund fully 
amounts received by the United States as collections under section 
224(i) of the Reclamation Reform Act of 1982 (101 Stat. 1330-268; 43 
U.S.C. 390ww(i)) for paid form compensation bills (including interest 
collected) issued by the Secretary of the Interior before January 1, 
1994, for furnishing certificates under sections 206 and 224(c) of such 
Act (96 Stat. 1266, 1272; 43 U.S.C. 390ff, 390ww(c)).
  (b) Administrative Fee.--In the case of a refund of amounts collected 
in connection with sections 206 and 224(c) of the Reclamation Reform 
Act of 1982 (96 Stat. 1266, 1272; 43 U.S.C. 390ff, 390ww(c)) with 
respect to any water year after the 1987 water year, the amount 
refunded shall be reduced by an administrative fee of $260 for each 
occurrence so refunded.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,000,000.

SEC. 6. EXTENSION OF PERIODS FOR REPAYMENTS FOR NUECES RIVER 
                    RECLAMATION PROJECT AND CANADIAN RIVER RECLAMATION 
                    PROJECT, TEXAS.

  Section 2 of the Emergency Drought Relief Act of 1996 (Public Law 
104-318; 110 Stat. 3862) is amended by adding at the end the following 
new subsection:
  ``(c) Extension of Periods for Repayment.--Notwithstanding any 
provision of the Reclamation Project Act of 1939 (43 U.S.C. 485 et 
seq.), the Secretary of the Interior--
          ``(1) shall extend the period for repayment by the City of 
        Corpus Christi, Texas, and the Nueces River Authority under 
        contract No. 6-07-01-X0675, relating to the Nueces River 
        reclamation project, Texas, until--
                  ``(A) August 1, 2029, for repayment pursuant to the 
                municipal and industrial water supply benefits portion 
                of the contract; and
                  ``(B) until August 1, 2044, for repayment pursuant to 
                the fish and wildlife and recreation benefits portion 
                of the contract; and
          ``(2) shall extend the period for repayment by the Canadian 
        River Municipal Water Authority under contract No. 14-06-500-
        485, relating to the Canadian River reclamation project, Texas, 
        until October 1, 2021.''.

SEC. 7. SOLANO PROJECT WATER.

  (a) Authorization.--The Secretary of the Interior is authorized to 
enter into contracts with the Solano County Water Agency, or any of its 
member unit contractors for water from the Solano Project, California, 
pursuant to the Act of February 21, 1911 (43 U.S.C. 523), for--
          (1) the impounding, storage, and carriage of nonproject water 
        for domestic, municipal, industrial, and other beneficial 
        purposes, using any facilities associated with the Solano 
        Project, California, and
          (2) the exchange of water among Solano Project contractors, 
        for the purposes set forth in paragraph (1), using facilities 
        associated with the Solano Project, California.
  (b) Limitation.--The authorization under subsection (a) shall be 
limited to the use of that portion of the Solano Project facilities 
downstream of Mile 26 of the Putah South Canal as depicted on the 
official maps of the Bureau of Reclamation, and to that portion of the 
Solano Project facilities below the diversion points on the Putah South 
Canal utilized by the city of Fairfield for delivery of Solano Project 
water.

                          Purpose of the Bill

    The purpose of H.R. 2402 is to make technical and 
clarifying amendments to improve the management of water-
related facilities in the Western United States.

                  Background and Need for Legislation

    H.R. 2402 is a compilation of technical corrections to 
federal reclamation law to clarify authorities of the Bureau of 
Reclamation, or existing provisions of law. This legislation 
was compiled after canvassing Members of the Water and Power 
Subcommittee, Members of the Western Water Caucus, and the 
Bureau of Reclamation about any such needed changes. However, 
for inclusion in this bill, provisions could not authorize 
extensive new programs or significant additional 
appropriations.
    Section 2 of H.R. 2402 reduces the waiting period for 
obligation of funds provided under the Reclamation Safety of 
Dams Act of 1978 from 60 days (not including any days when the 
House or the Senate were not in session for more than three 
calendar days) to 30 calendar days. The current method of 
calculating the waiting period, which does not include 
Congressional recesses, often results in waiting periods of 
much longer than 60 days before funds can be obligated. In 
several instances in the past, Congress has had to waive this 
waiting period because of the pressing need for dam safety work 
to proceed. In reducing the waiting period to 30 days, the 
Committee anticipates that this will give adequate time for 
Congressional review of planned work, but should not unduly 
delay needed work under the Act.
    Section 3 of H.R. 2402 amends section 1621 of the 
Reclamation Projects Authorization and Adjustment Act of 1992, 
as amended, to authorize the Secretary of the Interior to 
participate in the planning, design and construction of the 
Albuquerque Metropolitan Area Water Reclamation and Reuse 
Project. Current law only authorized the Secretary to 
participate in the study of this proposed project.
    Section 4 clarifies the authority of the Secretary of the 
Interior to participate in the planning, design, and 
construction of the Phoenix Metropolitan Water Reclamation and 
Reuse Project. The Committee maintains the position that 
current law gives the Secretary this authority. However, the 
Department of the Interior has raised concerns about the 
existing language, so the language of H.R. 2402 brings section 
1608 of the Reclamation Projects Authorization and Adjustment 
Act of 1992 in conformity with language authorizing the 
Secretary of the Interior to participate in other reuse 
projects under Title XVI.
    Section 5 requires the Secretary of the Interior to refund 
overpayments received by the United States as the result of 
form compensation bills under the Reclamation Reform Act of 
1982 (RRA), subject to the availability of appropriations. Many 
water districts paid these bills in protest, and the Bureau of 
Reclamation lost a case, Orange Cove Irrigation District v. the 
United States, in which the judge ruled that ``it is clear from 
the legislative history of the R.A. that Congress did not 
intend for the Bureau to assess monetary penalties or fines for 
failure to submit the required forms.'' In a September 16, 
1997, letter to the Chairman John Doolittle of the Water and 
Power Subcommittee, the Assistant Secretary for Water and 
Science stated that, ``Reclamation supports the intent of 
Section 6 [now renumbered as Section 5] to enable Reclamation 
to refund monies to those entities who were billed and paid the 
full-cost rate for RRA forms violations.''
    Section 6 is designed to meet one of the objectives of the 
Emergency Drought Relief Act of 1996 (Public Law 104-318) by 
clarifying that the temporary debt relief provided to the City 
of Corpus Christi, Texas, the Nueces River Authority, and the 
Canadian River Municipal Water Authority is to result in an 
extension of their repayment period at the end of the repayment 
obligation that equals the number of years for which the 
temporary debt relief has been provided. The Department of the 
Interior notified the Congress several weeks after the 
President signed the 1996 Act that they had determined the 
language was insufficient to meet the stated objective of 
extending the repayment period because of provisions of the 
Reclamation Project Act of 1939. The Department subsequently 
indicated that it did not object to this language.
    Section 7 authorizes the Secretary of the Interior to enter 
into contracts, pursuant to the Act of February 21, 1911 (known 
as the Warren Act), for the impounding, storage, and carriage 
of nonproject water for domestic, municipal, industrial and 
other beneficial purposes, as well as the exchange of water 
among Solano Project contractors, using any facilities 
associated with the Solano Project, California. The City of 
Vallejo has tried to use its water supply facilities more 
efficiently, but has been limited by a provision in federal law 
that prohibits the City from sharing space in an existing 
federal water delivery canal. The City of Vallejo wants to 
``wheel'' some of its drinking water through part of the canal 
serving California's Solano Project, a water project built by 
the Bureau of Reclamation in the 1950s. The City of Vallejo is 
prepared to pay any appropriate charges for the use of these 
facilities. The section limits the authorization to the use of 
that portion of the Solano Project facilities downstream of 
Mile 26 of the Putah South Canal and to that portion of the 
Solano Project facilities below the diversion points on the 
Putah South Canal utilized by the city of Fairfield.

                            Committee Action

    H.R. 2402 was introduced on September 4, 1997, by 
Congressman John Doolittle (R-CA). The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on Water and Power. On September 11, 1997, the 
Subcommittee met to mark up H.R. 2402. An en bloc amendment to 
strike section 2, which would have amended the Warren Act of 
1911, and to make one technical correction was offered by 
Congressman Doolittle and adopted by voice vote. The bill was 
then ordered favorably reported to the Full Committee by voice 
vote. On October 1, 1997, the Full Resources Committee met to 
consider H.R. 2402. An amendment to strike section 6, regarding 
the designation of Trinity Lake, was offered by Congressman 
Doolittle, and adopted by voice vote. An amendment to authorize 
the Secretary of the Interior to enter into contracts for the 
conveyance of non-project water for domestic, municipal, 
industrial and other beneficial purposes using facilities of 
the Solano Project, California, was offered by Congressman 
George Miller (D-CA), and adopted by voice vote. The bill as 
amended was then ordered favorably reported to the House of 
Representatives by voice vote.

            Committee Oversight Findings and Recommendations

    With respect to the requirements of clause 2(l)(3) of rule 
XI of the Rules of the House of Representatives, and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee on Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact H.R. 2402.

                        Cost of the Legislation

    Clause 7(a) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs which would be incurred in carrying out 
H.R. 2402. However, clause 7(d) of that rule provides that this 
requirement does not apply when the Committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 403 of the Congressional Budget Act of 1974.

                     Compliance With House Rule XI

    1. With respect to the requirement of clause 2(l)(3)(B) of 
rule XI of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, H.R. 
2402 does not contain any new budget authority, credit 
authority, or an increase or decrease in revenues or tax 
expenditures. Enactment of H.R. 2402 would affect outlays from 
direct spending, as explained in the Congressional Budget 
Office cost estimate, below.
    2. With respect to the requirement of clause 2(l)(3)(D) of 
rule XI of the Rules of the House of Representatives, the 
Committee has received no report of oversight findings and 
recommendations from the Committee on Government Reform and 
Oversight on the subject of H.R. 2402.
    3. With respect to the requirement of clause 2(l)(3)(C) of 
rule XI of the Rules of the House of Representatives and 
section 403 of the Congressional Budget Act of 1974, the 
Committee has received the following cost estimate for H.R. 
2402 from the Director of the Congressional Budget Office.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 23, 1997.
Hon. Don Young,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2402, the Water-
Related Technical Corrections Act of 1997.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contacts are Gary Brown 
(for federal costs) and Marjorie Miller (for the state and 
local impact).
            Sincerely
                                         June E. O'Neill, Director.
    Enclosure.

H.R. 2402--Water-Related Technical Corrections Act of 1997

    Summary: H.R. 2402 would amend some of the federal statutes 
that collectively make up reclamation law. CBO estimates that 
enacting H.R. 2402 would lead to an increase in appropriated 
spending of about $13 million over the 1998-2002 period, $9 
million in 2003, $2 million in 2004, and less than $0.5 million 
annually thereafter, assuming appropriations consistent with 
the bill's provisions.
    In addition, CBO estimates that enacting H.R. 2402 would 
increase direct spending by less than $500,000 in fiscal year 
1998 and reduce direct spending by less than $500,000 in 1999 
and each year thereafter. Because H.R. 2402 would affect direct 
spending, pay-as-you-go procedures would apply. H.R. 2402 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act of 1995 (UMRA) and 
would impose no costs on state, local, or tribal governments.
    Major provisions in the bill would:
          Decrease the period of time that the Secretary of the 
        Interior is required to wait before obligating funds 
        for safety of dams projects;
          Authorize the Secretary to participate in the 
        planning, design, and construction of one water 
        reclamation and reuse project and clarify his authority 
        to do so in another;
          Require the Secretary to refund overpayments received 
        by the United States under the Reclamation Reform Act 
        of 1992 and authorize appropriations for that purpose;
          Extend the period that certain nonfederal actors have 
        for repaying to the United States their share of the 
        cost of certain reclamation projects; and
          Authorize the Secretary to enter into contracts with 
        the Solano County Water Agency for various purposes.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 2402 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                By fiscal year, in millions of dollars          
                                                     -----------------------------------------------------------
                                                        1997      1998      1999      2000      2001      2002  
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION                                       
Spending under current law:                                                                                     
    Estimated authorization level \1\...............       273       279       279       279       279       279
    Estimated outlays...............................       273       276       279       279       279       279
Proposed changes:                                                                                               
    Estimated authorization level...................         0         3     (\2\)     (\2\)         2         9
    Estimated outlays...............................         0         3     (\2\)     (\2\)         2         7
Spending under H.R. 2402:                                                                                       
    Estimated authorization level...................       273       282       279       279       281       288
    Estimated outlays...............................       273       279       279       279       281       286
                                                                                                                
                                           CHANGES IN DIRECT SPENDING                                           
                                                                                                                
Estimated budget authority..........................         0     (\2\)     (\2\)     (\2\)     (\2\)     (\2\)
Estimated outlays...................................         0     (\2\)     (\2\)     (\2\)     (\2\)     (\2\)
----------------------------------------------------------------------------------------------------------------
\1\ The 1997 and 1998 levels are the amount appropriated in those years for constructing water reuse projects   
  and for operating, maintaining, and rehabilitating all bureau facilities. The amounts shown for subsequent    
  years reflect assumed continuation of the current-year funding level, without adjustment for inflation.       
  Alternatively, if funding were increased to cover anticipated inflation, funding under current law would grow 
  from $279 million in 1998 to $287 million in 1999 and $314 million in 2002.                                   
\2\ Less than $500,000.                                                                                         

    Basis of estimate: For purposes of this estimate, CBO 
assumes that the bill will be enacted within the next few 
months and that the amounts authorized to be appropriated will 
be provided for each fiscal year.

Spending subject to appropriation

    H.R. 2402 would authorize the Secretary to construct water 
projects in coordination with nonfederal partners and enter 
into new contracts for delivering water. In addition, the bill 
would direct the Secretary to refund overpayments from certain 
irrigators.
    Construction of water projects. H.R. 2402 would clarify the 
Department of the Interior's (DOI's) authority to participate 
in the planning, design, and construction of the Phoenix 
Metropolitan Water Reclamation and Reuse Project and authorize 
DOI to participate in the Albuquerque Metropolitan Area 
Reclamation and Reuse Project. Assuming appropriation of the 
necessary amounts, CBO estimates that this provision would 
result in new discretionary spending of about $9 million over 
the 1998-2002 period and a total of $20 million through 2004. 
All of these amounts are attributable to the Phoenix project.
    The Phoenix project was authorized in Public Law 102-575. 
Based on information provided by the Bureau of Reclamation, 
however, CBO expects that the project is unlikely to be 
constructed as authorized. H.R, 2402 would change the existing 
authority in a way that would make it more likely that the 
project would be constructed. Under the current authorization, 
DOI would pay the cost of constructing the facility, and the 
city of Phoenix would repay its share of the project over time. 
The Secretary would hold title to the project indefinitely. 
H.R. 2402 would change the existing authorization to clarify 
that the project is intended to be built with upfront cost-
sharing by the city of Phoenix and that the city is to hold 
title to the project. Federal participation in the project 
would be capped at $20 million. For purposes of this estimate, 
CBO assumes that the entire amount would be appropriated. 
Estimates of annual budget authority needed to meet design and 
construction schedules (assuming the earliest feasible starting 
date) were provided by the Bureau. CBO assumes that spending on 
the project would occur at historical rates observed for 
similar water projects.
    Participating in the Albuquerque project will result in no 
new federal outlays. A portion of this project--the Arsenic 
Wellhead Demonstration Unit--was authorized in Public Law 102-
575. The total federal cost of participating in the other 
portions of this project have already been provided in the bill 
making appropriations for energy and water development for the 
fiscal year ending September 30 1998 (Public Law 105-62). 
Spending of these amounts would not be affected by H.R. 2402.
    Refunds of overpayments. H.R. 2402 would authorize the 
appropriation of $3 million in 1998 for refunding penalties 
that DOI collected from irrigators for submitting incorrect 
forms for demonstrating their compliance with the Reclamation 
Reform Act. A recent court ruling indicates that the Bureau 
does not have authority to charge such fines. The Bureau has 
indicated that it needs the authority in H.R. 2402 to refund 
those amounts. Based oninformation from the Bureau, CBO assumes 
that the refunds would be made shortly after the amounts are 
appropriated.
    Entering into contracts. H.R. 2402 would authorize the 
Secretary of the Interior to enter into contracts with the 
Solano County Water Agency, or any of its member unit 
contractors, to use portions of the Solano Project, California, 
for impounding, storing, and carrying nonproject water for non-
irrigation purposes, and for exchanging water among Solano 
Project contractors for such purposes. The Bureau has indicated 
to CBO that this authority would be used for transporting water 
to the city of Vallejo from an existing storage facility. Based 
on information from the Bureau, CBO estimates that this action 
would increase the cost of operating and maintaining the 
project by less than $500,000 a year beginning in fiscal year 
1999. These amounts would be subject to appropriation and would 
be reimbursed by the municipality in the year they are 
incurred. Reimbursements would be deposited in the reclamation 
fund as offsetting receipts and would be unavailable for 
spending without appropriation.

Direct spending

    H.R. 2402 would affect outlays from direct spending by 
authorizing the Secretary to spend previously appropriated 
funds more quickly, extending the period that certain 
nonfederal actors have for repaying to the United States their 
share of the cost of certain reclamation projects, and 
authorizing the Secretary to enter into contracts with the 
Solano County Water Agency for various purposes.
    Spending previously appropriated funds more quickly. H.R. 
2402 would authorize the Secretary to obligate a portion of 
funds that are appropriated for projects related to the safety 
of dams, including about $17 million in 1998, at a faster rate 
than permitted under current law. By increasing the rate at 
which funds that are already appropriated are spent, H.R. 2402 
would increase direct spending in fiscal year 1998, have little 
or no net direct spending effect in 1999, and reduce direct 
spending in 2000. CBO estimates that the bill would result in 
an increase in outlays of less than $500,000 in fiscal year 
1998, and result in a corresponding decrease in outlays of less 
than $500,000 in 2000.
    Extending contracts. H.R. 2402 would amend Public Law 104-
318 to clarify that the temporary debt relief that law provides 
to the city of Corpus Christi, Texas, the Nueces River 
Authority, and the Canadian River Municipal Water Authority is 
intended to extend, without accrued interest, the terms of 
their repayment contracts by the number of years of debt 
relief. The report language that accompanied the legislation 
while it was being considered by the Congress indicates that 
this result was intended by Public Law 104-318; however, the 
Bureau recently has indicated that the law is not written in a 
way that will accomplish that purpose.Because we have already 
adjusted our long-term estimates of repayment receipts to reflect the 
intent of the law, CBO estimates that there would be no budgetary 
impact from enacting this provision.
    Entering into contracts. As described above, CBO estimates 
that the provision authorizing the Secretary to enter into 
contracts with the Solano County Water Agency, or any of its 
member unit contractors, would increase the discretionary costs 
of operating and maintaining the Solano project. All such 
discretionary costs would be reimbursed by the municipality in 
the year that they are incurred and the reimbursements would be 
deposited in the reclamation fund as offsetting receipts (that 
is, a reduction in outlays from direct spending) and would be 
unavailable for spending without appropriation. These 
reductions in direct spending would be less than $500,000 a 
year.
    Pay-as-you-go considerations: The Balanced Budget and 
Emergency Deficit Control Act of 1985 specifies pay-as-you-go 
procedures for legislation affecting direct spending or 
receipts. CBO estimates that enacting H.R. 2402 would increase 
direct spending by less than $500,000 in 1998, and reduce 
direct spending by less than $500,000 annually thereafter. 
Enacting the bill would not affect governmental receipts.
    Estimated impact on State, local, and tribal governments: 
H.R. 2402 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments. Various provisions in this bill would benefit 
water districts and other local government entities.
    Some of these provisions would probably result in 
additional spending by local governments, either to match 
federal expenditures or to contract for federal services, but 
such spending would be voluntary on the part of these entities. 
H.R. 2402 would authorize or clarify the existing authorization 
for federal participation in two projects--the Albuquerque 
Metropolitan Area Reclamation and Reuse Project and the Phoenix 
Metropolitan Water Reclamation and Reuse Project. Existing law 
requires that participating local governments share in the cost 
of these projects. CBO estimates that the local share for the 
Albuquerque project would total about $23 million over the next 
four years and that the local share for the Phoenix project 
would total at least $65 million over the 2001-2003 period.
    H.R. 2402 would also allow the Solano County Water Agency 
to contract with the Bureau of Reclamation to move non-project 
water through the Solano reclamation project. The agency would 
reimburse the federal government for any increased costs 
resulting from such contracts.
    Other sections of H.R. 2402 would confer financial benefits 
on some water districts. The bill would direct the Secretary of 
Interior to refund certain penalties erroneously collected from 
some water districts and would authorize appropriations of $3 
million for these refunds. Further, the bill would amend the 
Emergency Drought Relief Act of 1996 to extend the terms of 
repayment contracts of the city of Corpus Christi, the Nueces 
River Authority, and the Canadian River Municipal Water 
Authority, all in Texas. The length of these extensions would 
correspond to the number of years of debt relief provided by 
the 1996 act.
    Estimated impact on the private sector: This bill would 
impose no new private-sector mandates as defined in UMRA.
    Estimate prepared by: Federal costs: Gary Brown; impact on 
State, local, and tribal governments: Marjorie Miller.
    Estimate approved by: Paul N. Van de Water, Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    H.R. 2402 contains no unfunded mandates.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3 of rule XIII of the Rules of the 
House of Representatives, changes in existing law made by the 
bill, as reported, are shown as follows (existing law proposed 
to be omitted is enclosed in black brackets, new matter is 
printed in italic, existing law in which no change is proposed 
is shown in roman):

        SECTION 5 OF THE RECLAMATION SAFETY OF DAMS ACT OF 1978

  Sec. 5. There are hereby authorized to be appropriated for 
fiscal year 1979 and ensuing fiscal years such sums as may be 
necessary and, effective October 1, 1983, not to exceed an 
additional $650,000,000 (October 1, 1983, price levels), plus 
or minus such amounts, if any, as may be justified by reason of 
ordinary fluctuations is construction costs as indicated by 
engineering cost indexes applicable to the types of 
construction involved herein, to carry out the provisions of 
this Act to remain available until expended if so provided by 
the appropriations Act: Provided, That no funds exceeding 
$750,000 shall be obligated for carrying out actual 
construction to modify an existing dam under authority of this 
Act prior to [sixty days (which sixty days shall not include 
days on which either the House of Representatives or the Senate 
is not in session because of an adjournment of more than three 
calendar days to a day certain)] 30 calendar days from the date 
that the Secretary has transmitted a report on such existing 
dam to the Congress. The report required to be submitted by 
this section will consist of a finding by the Secretary of the 
Interior to the effect that modifications are required to be 
made to insure the safety of an existing dam. Such finding 
shall be accompanied by a technical report containing 
information on the need for structural modification, the 
corrective action deemed to be required, alternative solutions 
to structural modification that were considered, the estimated 
cost of needed modifications, and environmental impacts if any 
resulting from the implementation of the recommended plan of 
modification.
                              ----------                              


     RECLAMATION PROJECTS AUTHORIZATION AND ADJUSTMENT ACT OF 1992

          * * * * * * *

       TITLE XVI--RECLAMATION WASTEWATER AND GROUNDWATER STUDIES

          * * * * * * *

SEC. 1608. PHOENIX METROPOLITAN WATER RECLAMATION STUDY AND PROGRAM.

  [(a) The Secretary, in cooperation with the city of Phoenix, 
Arizona, shall conduct a feasibility study of the potential for 
development of facilities to utilize fully wastewater from the 
regional wastewater treatment plant for direct municipal, 
industrial, agricultural, and environmental purposes, 
groundwater recharge and direct potable reuse in the Phoenix 
metropolitan area, and in cooperation with the city of Phoenix 
design and construct facilities for environmental purposes, 
ground water recharge and direct potable reuse.]
  (a) The Secretary, in cooperation with the city of Phoenix, 
Arizona, shall participate in the planning, design, and 
construction of the Phoenix Metropolitan Water Reclamation and 
Reuse Project to utilize fully wastewater from the regional 
wastewater treatment plant for direct municipal, industrial, 
agricultural, and environmental purposes, groundwater recharge, 
and direct potable reuse in the Phoenix metropolitan area.
  (b) [The Federal share of the costs of the study authorized 
by this section shall not exceed 50 per centum of the total.] 
The Federal share of the costs associated with the project 
described in subsection (a) shall not exceed 25 per centum of 
the total. The Secretary shall not provide funds for operation 
or maintenance of the project.
  [(c) The Secretary shall submit the report authorized by this 
section to the Committee on Energy and Natural Resources of the 
Senate and the Committee on Natural Resources of the House of 
Representatives not later than two years after appropriation of 
funds authorized by this title.]
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SEC. 1621. ALBUQUERQUE METROPOLITAN AREA WATER RECLAMATION AND REUSE 
                    [STUDY].

  (a) Authorization.--The Secretary, in cooperation with the 
city of Albuquerque, New Mexico, is authorized to participate 
in the planning, design, and construction of the Albuquerque 
Metropolitan Area Water Reclamation and Reuse [Study] Project 
to reclaim and reuse industrial and municipal wastewater and 
reclaim and use naturally impaired ground water in the 
Albuquerque metropolitan area.
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         SECTION 2 OF THE EMERGENCY DROUGHT RELIEF ACT OF 1996

SEC. 2. EMERGENCY DROUGHT RELIEF.

  (a) * * *
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  (c) Extension of Periods for Repayment.--Notwithstanding any 
provision of the Reclamation Project Act of 1939 (43 U.S.C. 485 
et seq.), the Secretary of the Interior--
          (1) shall extend the period for repayment by the City 
        of Corpus Christi, Texas, and the Nueces River 
        Authority under contract No. 6-07-01-X0675, relating to 
        the Nueces River reclamation project, Texas, until--
                  (A) August 1, 2029, for repayment pursuant to 
                the municipal and industrial water supply 
                benefits portion of the contract; and
                  (B) until August 1, 2044, for repayment 
                pursuant to the fish and wildlife and 
                recreation benefits portion of the contract; 
                and
          (2) shall extend the period for repayment by the 
        Canadian River Municipal Water Authority under contract 
        No. 14-06-500-485, relating to the Canadian River 
        reclamation project, Texas, until October 1, 2021.

                                
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